Madras High CourtCRL OP/8895/2021dismissed

Nwaeze Chidebere v. State Rep. By

2021-05-26Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2021

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.8895 of 2021 Nwaeze Chidebere ... Petitioner Vs.

State rep by:

The Inspector of Police, Central Crime Branch-I, Fake Passport Team, Vepery, Chennai.

(Crime No.95 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.95 of 2021 on the file of the respondent police.

For Petitioner : Mr.B.Raja For Respondent : Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

(Through video conference) The petitioner, who was arrested and remanded to judicial custody on 30.03.2021 for the offence punishable under Sections 12(1A) (b) of Passport Act and under Section 420, 468, 471 IPC, in Crime No.95 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is holding the passport valid till 05.08.2021 and Indian entry (X-1) valid till 07.05.2021 and applied for registration to the defacto complainant's office, on scrutiny of his old passport it was reveals that the extension seal issued from the FRRO, Bangalore dated 20.03.2019 was affixed was fake and false. Hence the case.

3.The learned counsel for the petitioner submit that the petitioner is innocent and he is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 30.03.2021. Therefore, he prays to grant bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose stating that the petitioner is Nigeria nationality and if the petitioner is let out on bail, he went to Nigeria and there are every chances of him getting absconded. 5.Taking into consideration, the submission made by the learned Government Advocate (Crl.Side) the petitioner is a Nigeria citizen, this Court feels that it is not a fit case to grant bail to the petitioner.

6.This Criminal Original Petition stands dismissed accordingly. -sd/- 26/05/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL JUDGE FOR CCB CASES, EGMORE, CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON-II, PUZHAL, CHENNAI 3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH-I, FAKE PASSPORT TEAM, VEPERY, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.B.RAJA Advocate on payment of necessary charges CRL OP.8895/2021 Date :26/05/2021 RVR 28/06/2021 https://hcservices.ecourts.gov.in/hcservices/